2of3A fire on the night of Dec. 2, 2016 destroyed the Oakland warehouse that housed the Ghost Ship artist collective and killed 36 people.Photo: Noah Berger / Special to The Chronicle 2016

3of3These June 2017 file photos provided by the Alameda County Sheriff’s Office show Max Harris, left, and Derick Almena at Santa Rita Jail in Alameda County, Calif. Both men face 36 counts of involuntary manslaughter stemming from the Ghost Ship warehouse fire on Dec. 2, 2016 in Oakland that killed 36 people.Photo: Alameda County Sheriff’s Office / Associated Press

A defendant accused of running the un-permitted warehouse in Oakland where 36 people died in a 2016 fire told a jury Monday that he did not believe the Ghost Ship was a death trap or tinderbox, as investigators have testified.

“No, I wouldn’t have been there if that’s what I thought,” said Max Harris, who took the stand in his own defense and downplayed his responsibilities overseeing the illegal artists collective in the weeks and months before the horrific fire.

When defense attorney Tyler Smith showed Harris pre-fire photos of the warehouse that prosecutors have used to show the extent of the flammable clutter inside that they say created a death trap, Harris testified that the photos did not accurately depict what the warehouse looked like in December 2016. He said it was much cleaner.

On the night of Dec. 2, 2016, Harris testified, he stamped smiley faces on the hands of 80 to 90 people who arrived at Ghost Ship for an electronic dance party. He said he had volunteered to work the door while the concert’s promoter, who organized the event, collected money at the door.

But when Harris spotted an ominous glow in the rear ceiling of the warehouse, he grabbed a fire extinguisher and yelled “Fire! Fire! Get out” while unsuccessfully squirting the extinguisher at the growing conflagration and ushering guests out with his cell phone flashlight.

He said he was on hold after dialing 911 when he waved his cell phone light into the darkened warehouse as about 10 more people ran out to safety.

“Eventually, people stopped coming out,” he said.

His testimony left the older brother of victim Alex Vega, and other families, upset.

“I don’t hate him. I know he’s not a killer. I know he didn’t want any of this to happen,” said Alberto Vega outside the Alameda County Superior courthouse. “But he has to be held accountable for his negligence.”

Harris’ testimony followed three days of defense witnesses who either vouched for Harris’ character, minimized his responsibilities in overseeing the space or suggested that arsonists ignited the warehouse blaze. Investigators have not been able to determine the Ghost Ship fire’s cause.

Harris, 29, and co-defendant Derick Almena, 49, each face charges of involuntary manslaughter for each person killed in the blaze. Prosecutors have called Harris the Ghost Ship’s “creative director,” who they said was the second-in-command to Almena. They said that on the night of the fire, Harris blocked the rear staircase exit with an inflatable projector screen, leaving many partygoers to die of smoke inhalation because they were unable to flee the upstairs dance area after the only other stairway — made of pallets — became blocked.

However, Harris spent Monday minimizing his role in the artists collective. No real authority existed, Harris said, noting that the bulk of his responsibilities included collecting rent and cleaning the Fruitvale neighborhood space. Instead, he testified, Ghost Ship tenants lived in a “co-dreaming situation” where men and women who struggled to find affordable housing made their art.

Harris said he got dubbed the “creative director” in September 2015 after Ghost Ship members designed a stage set for a festival.

“Here’s Max, our creative director,” Almena told the group spontaneously, Harris testified. He embraced the title for the gravitas, but it was informal and not taken seriously among his roommates, he said.

Harris appeared composed and upbeat during his testimony, answering questions mostly about his role in the collective. Wearing a charcoal suit with an orange shirt and a brown tie, as well as his signature gauges in his ear lobes and long, brown hair in a bun, Harris recalled his relationship with co-defendant Almena.

His testimony Monday was the most anticipated moment of the trial to date, and enough people attended court that officials had to set up an overflow room so a second gallery could listen to audio of the proceedings and watch a live feed of the witness stand.

The fine arts graduate and practicing Buddhist spent the morning introducing himself to the jury. The jeweler, sculptor and tattooist explained how he did the tattoos on his own face, neck and body, inspired by nature, science and spiritual beliefs.

Despite his numerous jobs, he had no more powerful a role in the collective than his roommates, he said.

“It was very autonomous with everyone bringing their unique insights to the table,” Harris said.

Ghost Ship operated as an unsanctioned live-work artists collective called Satya Yuga, housing about 25 people at the time of the fire. All but one of those who died, however, were attending the music show on the warehouse’s second floor when the blaze broke out.

The warehouse’s interior has been described as, at once, an artists’ utopia and a death trap. The space was crammed with motor homes, antiques and artwork. Rooms were partitioned with flammable materials like tapestries, pianos and old windows, creating a labyrinth for those unfamiliar with the space. A makeshift staircase fashioned out of old wood and pallets made up the main entrance to the second floor.

Additionally, there were few safety features installed. Witnesses in the trial testified that there were no sprinklers, no smoke or fire alarms, and no exit signs.

Throughout the trial, prosecutors have stressed that Almena, the warehouse’s master tenant, and Harris illegally modified the warehouse, giving victims “no notice, no time and no exits.” One investigator testified in a preliminary hearing that she believes the fire was caused by electrical issues.

Defense attorneys, meanwhile, have attempted to assign blame to government officials. Police, firefighters and child-service workers all toured the warehouse before the fire and failed to report it for dangerous conditions. Harris, who will continue testifying Tuesday, said that police went through the warehouse a couple dozen times.

Matthias Gafni joined The San Francisco Chronicle as an enterprise reporter in February 2019. He investigates stories in the East Bay and beyond. For almost two decades, Gafni worked for the Bay Area News Group – San Jose Mercury News, East Bay Times and Vallejo Times-Herald -- covering corruption, child sexual abuse, criminal justice, aviation and more. He was born and raised in the Bay Area and graduated from UC Davis. He lives with his wife and three kids in the East Bay.